Today, it is not necessary to be a large company to enter our
products in international markets. Globalization and technological
advances allow small and medium enterprises, including micro-enterprises,
unprecedented access to export markets.
Now, being in the markets of other countries means competing on
the world stage. In a competitive market, a strong brand and the
protection of the process of a product can become the most valuable commercial
asset as it will contribute to increasing consumer loyalty and will allow
higher prices to be demanded.
Therefore, the selection of intellectual property protection
(IP) the mechanism is important; It is also necessary to determine the
requirements to protect the product and how much it will cost to enforce that
protection. A trademark or patent only means something in a market if its owner is prepared to defend it against infringements.
Intellectual property protection (IP) mechanisms are only
effective if evidence of infraction is monitored. There are several types
of infraction:
· Literal
Infringement: where each and
every one of the elements of a patent claim is found in the product or process
of the alleged infringement.
· Doctrine
of Equivalences: when the product
or process of the alleged infringement is substantially the same as the
patented product or process.
·
Tax
Infringement: when a party
contributes to the infringement of a patent by selling a component that has no
other use except as part of a patented product.
·
Induction
to the infringement: were an active
and informed person helps and incites another person who is directly infringing
a patent.
The lack of vigilance for infringement of intellectual property
can lead to the loss of the patent or the protection of the trademark, for
example:
·
When a patent holder
waits too long to file a complaint.
·
When an alleged
infringer, based on actions or communications of the patent holder
(liabilities), reasonably believes that he can continue practising the patented
production process.
The control of intellectual property infringement is also an
important function in the prevention of counterfeiting. Counterfeit
products can lead to losses of millions of dollars, depending on the product
and how long it persists without being detected and acted upon.
It also has the potential to be dangerous for
consumers. Industries such as the pharmaceutical industry invest
significant resources to prevent counterfeiting, which has the potential for disastrous
results. In addition, counterfeiting can undermine a company's reputation
and brand image.
The protection of patents and trademarks at the international
level
The World Intellectual
Property Organization "WIPO" supports companies around the world,
from large companies to small and micro enterprises, by providing Intellectual
Property Services to help protect companies' investment in innovation, through
its Madrid System. The WIPO Madrid System is an intelligent business
solution for all companies that wish to license their products or otherwise
market them in foreign markets.
In conclusion…
The lack of patent and
trademark protection can cost companies millions of dollars in lost sales if
they do not properly evaluate and value Intellectual Property.
In addition, you run the
risk of losing millions of dollars in the investment of resources in research and
development, acquisition of facilities and equipment, training and creation of
corporate brands and images for unscrupulous competitors who do not share the burden of these initial product development activities, and take advantage of
the lack of protection of Intellectual Property.
The protection of
Intellectual Property is an important aspect of commercial activities that are
an integral part of the position of a company and its products in the
international market.
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